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Legal Briefs
PGPS Attorneys LegalBrief Trust Administration
Contracting with Trusts – Is a Majority Resolution Valid? “Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides yet another reminder to...
PGPS Attorneys LegalBrief
Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order? “It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims should take advantage of...
PGPS Attorneys LegalBrief
Cannabis Policies in the Workplace: A Delicate Balancing Act “It is declared that the [employer]’s Alcohol and Substance Abuse Policy is irrational and violates the right to privacy in section 14 of the Constitution, to the extent that it prohibits office-based employees that do not work with or within an environment that has, heavy, dangerous...
PGPS Attorneys Property Law
Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On “A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent to find you one, or a landlord employing an agent to let...
Credit Act
Lending to a Friend or Relative – When Must You Register as a Credit Provider? “In life, we never lose friends, we only learn who the true ones are” (Unknown) Lending money to a friend or family member in need sounds like a natural and informal sort of thing to do. But beware – if...
Pothole Plague
The Pothole Plague – Claiming Damages “If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages confirms yet again that those charged...
Property Law
Rising Damp and Failed Waterproofing: How to Sue the Sellers “[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute...
Will Drafting
In the Land of the Will, Clarity is King “The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing...
When to Lawyer Up “The first thing we do is, let’s kill all the lawyers.” (Shakespeare) Shakespeare must have had an unhappy experience or two with the lawyers of his time to have one of his characters utter that threat, but the reality is that every aspect of our lives is touched at one time...
How to Safeguard Your Digital Presence: A Simple Checklist for Website Compliance “It’s important to remember your competitor is only one mouse click away” (Doug Warner) Your website, social media profiles, and other online platforms play a vital role in your business strategy and in staying ahead of your competition at all times. However, it’s...
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